copied from:http://www.archives.gov/exhibits/charters/bill_of_rights.html The powers not delegated to the united
states by the Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.
Simply put Newt suggest diminishing the power of the federal government and increasing the state powers....much like the antifederalists.
Does this violate the states rights?
The tenth amendment lays out the power
of the States, or to the people. The States of the people have all the power except
what the constitution gives the government, and what the constitution
says the States can't do; expressly-(not listed in this amendment) is
the word that gave power to the states in the Articles of
Confederation. And Implied powers come out of the “necessary and
proper clause” (article 1, section 8, clause 18). James Madison
said “without this clause the constitution would be a dead letter.”
copied from: http://www.archives.gov/exhibits/charters/bill_of_rights.html The enumeration in the Constitution, of
certain rights, shall not be construed to deny or disparage others
retained by the people.
Lawrence v. Texas 2003. Arrested for having "the wrong type of sex'?! Consensual sex between adults in the privacy in their home...and you get arrested for it. Unfair?
It is a right to have privacy in your own home/bedroom.
The 9th amendment talks
about rights that haven't been listed. Just because certain rights
aren't listed specifically, the constitution may not say we don't
have them. It brings about the idea of privacy. The Supreme Court
defined itself by saying it's the courts obligation to define the
liberty of all, not to mandate it's own moral code.
copied from: http://www.archives.gov/exhibits/charters/bill_of_rights.html Excessive bail shall not be required,
nor excessive fines imposed, nor cruel and unusual punishments
inflicted.
http://www.cnn.com/2014/04/30/us/oklahoma-botched-execution/
~This article covers the recent botched execution of a man on death row in Oklahoma. The medication wasn't properly administered and the man suffered a heart attack and died an hour later than his scheduled execution.
The 8th Amendment allows
bail to compromise the need for one to show up for trial while
allowing him/her to continue to support a family conduct other
business obligations, it cannot be excessive and is proportional to
crime and ensure that the accused will return for the trail. Bail is
not a right, a judge can deny it for capital (murder) and violent
crimes if accused poses a flight risk or other reasons set by law.
The 8th amendment also protects the accused from cruel and
unusual punishment.
Copied from: http://www.archives.gov/exhibits/charters/bill_of_rights.html In Suits at common law, where the value
in controversy shall exceed twenty dollars, the right of trial by
jury shall be preserved, and no fact tried by a jury, shall be
otherwise re-examined in any Court of the United States, than
according to the rules of the common law.
Cartoon displays the plaintiffs failure to sue the defendant for the proper amount to win for their lose property. http://www.cantonrep.com/article/20130512/News/305129922/?Start=3 ~ This article explores the " right of trial by jury shall be preserved" A doctor prescribed a medication to an 11 year old boy who committed suicide due to the side effects. The doctor's lawyers wanted a trial by jury but were denied because they did not pay the court cost associated with having a jury by the deadline.
The 7th Amendment guarantees
a jury for trials and cases that deprives one of life and liberty
where there's criminal prosecution for death and civil cases dealing
with money exceeding twenty dollars. In a federal case a judge makes
decisions on the law, moves to decide the equitable relief, how the
evidence is used, and if a judge believes the jury disregards the
facts and evidence the judge can overturn the verdict. The founders
saw juries as a check on judges and jury decides guilt or innocence.
Current day federal law civil cases have gone from $20 to $75,000.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
I love this clip. It tries to to lighten the "burden" most feel when summoned for jury duty. Being a juror is a very hefty duty when you hold a life in the balance of freedom or prison. Yet, if the roles were reversed and the juror somehow became the defendant the importance of the role of the jury becomes so important.
The Defendant is obviously covered in honey and is his trial is juried by bees. He knows his Jury is biased hence the words "Heaven Help me"
The 6th amendment ensures
the defendants right to enjoy a speedy and public trial (withing a
reasonable amount of time after an indictment) by an unbiased jury of
their own peers. Speedy trials were ceased simply because of the
judgments being passed and their fairness against the defendants. The
trial takes place where the crime was committed and the defendant can
know of the witnesses being used against him by the prosecution as
well as his right to obtain his own counsel and witnesses for his
defense. In the case of Gideon v. Wainright of 1963 the court forced
the states to provide counsel fall ALL defendants, not just capital
cases. Later, in 1968 in the Duncan v. Louisiana case all serious
crimes (felonies), not misdemeanors the state has to provide an
attorney.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Proper display of 5th Amendment rights? In this clip Lois Lerner uses her 5th amendment rights not to be a witness against herself answering questions from the committee and was excused on that basis. Considering that its not an actual court was it just that she was excused and not made to stay and answer questions regarding the hearing or any of her previous testimony/responses.
You would have to be in the court to plead the fifth for it to be valid?
The 5th amendment lays out the rules for indictment by the Grand Jury composed of 16-23 citizens. The burden of proof lies upon the prosecution, the government has to prove guilt. A person cannot be subject to double jeopardy, being tried for the same offense twice following an acquittal or conviction. The 5th amendment protects the "due process" of the the law meaning government action must never be improper or unfair. It must strictly follow the rules and steps set down by law.The accused has the right to appeal to clear charges by an impartial judge and the right to defense that acts fairly and applies the law equally. NO one can be forced to testify against themselves although legally the prosecution can tell any lie in the confessional room to get you to talk. In comes Miranda v. Arizona or 1966 which extends the right against self incrimination all the way to a suspects point of arrest aka being read and informed of your Miranda rights. Rounding out the 5th amendment is eminent domain which gives the state and federal government the right to take private property for public use but the owner of the property must be compensated for their property.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
This clip discusses the 4th amendment violation where Edward Snowden exposes the NSA's ability to track/tap anyone and anything without probable cause or the citizens knowledge...disregarding the 4th amendment.
This cartoon is poking fun at the 4th amendment seeing as it's Santa Claus who has violated the law. The 4th amendment guarantees no unreasonable search and seizures of persons, houses, papers, and effects without probable cause. With probable cause, once it has been established, an approved warrant must list specific persons, places and things to be searched and seized.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
The link of above is a very rare account of a Nevada family's 3rd amendment rights being violated.
The 3rd amendment simply states that troops are not allowed to quarter the private homes of citizens without their permission in times of peace or war.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Penn and Teller break down the second Amendment and why "The right of the prople to keep and bear arms" should not be taken away from us.
States (government) can have a military to defend borders but the people also have a right to keep guns and government cannot go against that. In the case of the the District of Columbia v. Heller in 2008 the decision was that firearms can be possessed by law abiding citizens requiring them to be registered an licensed and cannot be possessed by felons.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Funny how the press is sitting in the chair and instead of persuading (beating) the press into talking like they would with any other suspect, they're beating him up to get him to not talk and share what's really going on which does violate the first amendment.
We come to find that the people don't usually have the power and find that the power is found by those corporations with the money to finagle the law.
The first amendment states that Congress can't make law restricting freedom of religion or enforce a person to practice a specific religion through the establishment clause and the free exercise clause. The establishment clause states government cannot establish an official church and the free exercise clause states that all religions are free to worship as they choose in the United States. Congress can't curtail or restrict freedom of speech or press UNLESS the speech is defamatory, inflammatory, hate speech, true threats, copyright speech, false advertisement, or indecency speech nor can they derail people from peacefully assembling or petitioning to the government.
